Police protective services says it cannot retrieve CCTV footage of an alleged assault outside Southport magistrates court on the Gold Coast despite local police being notified the day it occurred.
Photograph: deepblue4you/Getty Images/iStockphoto

Queensland police taped over CCTV footage showing a violent offender confronting his former partner in a courthouse, Guardian Australia can reveal.

The victim, who is referred to by the pseudonym Julie*, has been an outspoken critic of her ongoing treatment by the Queensland police service. Her address was accessed by a senior constable and leaked to her former partner. The officer was never charged and remains on active duty.

Julie says that since speaking out about that incident, police officers have been negligent and obstructive, and evidence in complaints against her former partner has been lost.

Julie is designated a “high-risk vulnerable” victim of domestic violence. When she contacted the officer assigned to her case this week, he instructed her not to contact him again about her “petty domestic violence matter”.

“I have no faith left that the Queensland police can protect me,” Julie said. “Officers have tried to minimise the domestic violence, and they do not accept accountability. I know there are women out there who are at high risk who have nowhere they can go.”

Guardian Australia understands the police protective services branch did not keep a copy of CCTV footage of an alleged assault that occurred at Southport magistrates court on 2 March.

Julie said her former partner approached her outside a courtroom, clenched his fists, and swore at her. The CCTV recording was evidence that the man had committed a third breach of his domestic violence order.

Julie made a complaint to Southport police about the alleged breach of the domestic violence order, the same day the incident occurred. She told police at the time there was CCTV footage and they should ensure it was kept.

Some time between March 2 and March 27, the recording was taped over.

Police investigating the matter waited several weeks before seeking a copy of the tape from protective services, which is a branch of the police that provides security services in government buildings.

Protective services sent an email to an officer on 27 March to say it was “unable to supply” the footage.

In a phone conversation this week, an officer told Julie for the first time the footage had been lost. Julie recorded the conversation.

The officer told Julie police had put more resources into her case than other women in need and that she should consider herself fortunate with the police response.

The officer also said he would now cease to assist Julie. He said he had done all he could, and was not willing to speak to her any further.

Julie said he told her she could find other police to “harass” in relation to what she recalls he called her “petty domestic violence matter” and claimed she was not at risk because the offender was overseas.

She said she had repeatedly called police to find out whether they had secured the CCTV footage and was given no answers.

“That’s the way they minimise this whole scandal, that gets turned around on me and called harassment. They’ve minimised the offender’s behaviours, minimised the actions of the officer, they won’t give me basic information, then they turn that around and call it harassment.”

“I’ve heard similar stories from other domestic violence victims. There is a lot of frustration and fear from women that police don’t do anything and don’t care.

“Now I understand why so many women are dying in this country,” she said.

Second time CCTV footage has been unavailable

A warrant has been issued for the arrest of Julie’s former partner after he failed to appear in court in May in relation to the latest breach of his domestic violence order.

The man, who has been convicted of domestic violence, threatened to kill Julie and strap bombs to their two children. It is understood he left Australia in May and has been in Greece since.

Julie is seeking compensation for breach of privacy in the Queensland civil and administrative tribunal after her address was leaked to her former partner in 2014 by Senior Constable Neil Punchard.

“She will be pissed … Even better just tell her you know where she lives and leave it at that. Lol. She will flip,” Punchard wrote in a text message to the man.

Punchard was disciplined internally but never charged and remains a serving police officer.

Julie says she insisted police obtain the CCTV from the 2 March incident immediately after it occurred, partly because other evidence had gone missing in recent years.

In September 2016, Julie’s former partner confronted her current husband at a Brisbane McDonald’s restaurant. She reported the incident to police and later spoke to a manager at the restaurant, who confirmed the footage existed and could be supplied to police.

“I called the police and said I’ve spoken to McDonald’s, they’ve got the footage, can you get it. When I called back … they said there was no footage.”

Julie said there were witnesses to the incident at the courthouse in March. The matter is listed for sentencing, but she worries the lack of video evidence would hinder a magistrate in determining an appropriate sentence.

“It would have once again shown the offender’s true colours in court,” she said. “That may now impact the sentence or the severity, or they may even try to argue that it didn’t happen.”

Julie said she believed officers were being deliberately obstructive.

“All the time I come across that. If you call them or question them on how they’re going, they attack you. They’ve been constantly against me.

“If it wasn’t for my own safety plan, my family wouldn’t still be alive. The police would just have not protected us.”

The case is the second in recent weeks where Queensland police have admitted in recorded phone conversations that evidence has been destroyed. Guardian Australia wrote in August about Lyla*, whose sexual assault statement was shredded.

Police said in a statement they treat “all reports of domestic violence and breaches of domestic violence orders seriously and [were] committed to fully investigating each matter”.

“Our first priority will always be the wellbeing of victims of domestic violence and the QPS works closely with support agencies to ensure they are supported through the legal process.

“Anyone who is unsatisfied with the level of service provided by investigating police can make a complaint to the QPS for formal review. The QPS has not received a complaint in relation to this specific matter.”

• Julie is a pseudonym used to protect the victim’s identity. She has also been referred to as Elizabeth in previous reporting about her case.

•If you or someone you know is impacted by sexual assault, domestic or family violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au